Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22999 of 2019 Applicant :- Munazir Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard Sri Irshad Ahmad, learned counsel for the applicant, Sri J. K. Upadhayay, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused- applicant Munazir, who is involved in Case Crime No. 0129 of 2019, under Sections 3/5/8 Cow Slaughter Act and 207 of Motor Vehicle Act, 1988, Police Station - Said Nagli, District- Jyotiba Phule Nagar/ Amroha.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to enmity with the police. It has been further submitted that a false recovery of 90 Kgs. beef has been shown from the possession of the applicant and co-accused, Firoz. In fact no such recovery has been effected from the possession of the applicant. It is also submitted that there is no independent or public witness of the alleged recovery. It is next submitted that there are no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Moreover, investigation of the case has been completed and the charge- sheet has been filed. The applicant is languishing in jail since 03.05.2019. He does not have any criminal history to his credit. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Munazir, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 V.S.Singh